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OK Bar: Real Property

OK Bar · Work through your exam, one topic at a time.

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Real Property

Real Property

Real Property questions test estates, future interests, concurrent ownership, landlord-tenant law, servitudes, adverse possession, recording, and mortgages. Draw the estate and locate the recording act before applying rules.

Estates and future interests

  • Fee simple absolute, life estate, fee tail, and defeasible fees (fee simple determinable, fee simple subject to condition subsequent, fee simple subject to executory limitation).
  • Remainders, reversions, and executory interests. The Rule Against Perpetuities voids interests that may vest more than 21 years after a life in being.
  • Joint tenancy requires unity of time, title, interest, and possession; severance destroys the right of survivorship. Tenancy by the entirety requires marriage.

Landlord-tenant and servitudes

  • Leaseholds: term of years, periodic tenancy, tenancy at will, tenancy at sufferance. The covenant of quiet enjoyment supports constructive eviction.
  • Easements may be express, implied, by necessity, or by prescription; they terminate by merger, release, abandonment, or prescription.
  • Covenants and equitable servitudes require touch and concern, intent, and notice; equitable servitudes also require privity.

Adverse possession and recording

  • Adverse possession requires actual, open, notorious, exclusive, continuous, and hostile possession for the statutory period.
  • Recording acts: race, notice, and race-notice. The shelter rule protects a grantee who takes from a protected purchaser.
  • Mortgages: lien theory versus title theory; foreclosure and statutory redemption.

Worked example

O conveys to A for life, then to A's heirs. A has a life estate; A's heirs have a vested remainder subject to open. The interest is valid because the remainder is vested and not subject to the Rule Against Perpetuities.

Traps

  • Applying the Rule Against Perpetuities to vested remainders.
  • Confusing an easement by necessity with an implied easement.
  • Forgetting that recording protects subsequent purchasers, not trespassers.